[Code of Federal Regulations] [Title 43, Volume 1] [Revised as of October 1, 2006] From the U.S. Government Printing Office via GPO Access [CITE: 43CFR4.201] [Page 83-85] TITLE 43--PUBLIC LANDS: INTERIOR PART 4_DEPARTMENT HEARINGS AND APPEALS PROCEDURES--Table of Contents Subpart D_Rules Applicable in Indian Affairs Hearings and Appeals Sec. 4.201 Definitions. Administrative law judge means an administrative law judge with the Office [[Page 84]] of Hearings and Appeals (OHA) appointed pursuant to the Administrative Procedure Act, 5 U.S.C. 3105. Agency means the Bureau of Indian Affairs (BIA) agency office, or any other designated office in BIA, having jurisdiction over trust or restricted property and money. This term also means any office of a tribe that has contracted or compacted BIA probate function under 25 U.S.C. 450f or 458cc. Attorney decision maker means an attorney with OHA who conducts an informal hearing and renders a decision in any probate case that does not require a formal hearing and a decision by an administrative law judge or Indian probate judge. Beneficiary means any individual who is designated in a decedent's will to receive trust or restricted property or money. The term includes both a devisee (someone who receives real property in a will) and a legatee (someone who receives personal property in a will). Bequeath means to give personal property to someone in a will. Bequest (or legacy) means a gift of personal property in a will. BIA means the Bureau of Indian Affairs within the Department of the Interior. Board means the Board of Indian Appeals within OHA, authorized by the Secretary to hear, consider, and determine finally for the Department appeals taken by aggrieved parties from actions by OHA deciding officials on petitions for rehearing or reopening, and allowance of attorney fees, and from actions of BIA officials as provided in Sec. 4.1(b)(2). Child or children includes any child adopted by the decedent. Codicil means a supplement or addition to a will, executed with the same formalities as a will. It may explain, modify, add to, or revoke provisions in an existing will. Creditor means any individual or entity that submits a claim for payment from a decedent's estate. Day means a calendar day, unless otherwise stated. Decedent means a person who is deceased. Deciding official means an administrative law judge, Indian probate judge, or attorney decision maker. Decision or order means a written document issued by a deciding official making determinations as to heirs, wills, beneficiaries, and creditors' claims, and ordering distribution of property and money. De novo review means a process in which an administrative law judge or Indian probate judge will, without regard to the decision previously issued in the case by an attorney decision maker: (1) Take a fresh look at a probate case; (2) Conduct a formal hearing as necessary or appropriate; and (3) Issue a decision. Department means the Department of the Interior. Devise when used as a verb means to give real property to someone in a will. When used as a noun, it means a gift of real property in a will. Estate means the trust cash assets, restricted or trust lands, and other trust property owned by the decedent at the time of his or her death. Formal hearing means a trial-type proceeding, conducted by an administrative law judge or Indian probate judge, in which interested parties present evidence through the testimony of witnesses and the introduction of relevant documents. Heir means any individual who receives trust or restricted property or money from a decedent in an intestate proceeding. IIM account means funds held in an individual Indian money (IIM) account by the Office of the Special Trustee for American Indians (OST) or by a tribe performing this function under a contract or compact. Indian probate judge means an employee of OHA, other than an administrative law judge or attorney decision maker, to whom the Secretary has delegated authority to conduct hearings in probate cases. Informal hearing means a meeting convened by an attorney decision maker in which interested parties present relevant information on uncontested issues. Interested party means: [[Page 85]] (1) Any probable or actual heir; (2) Any beneficiary under a will; (3) Any party asserting a claim against a deceased Indian's estate; and (4) Any tribe having a statutory option to purchase the trust or restricted property interest of a decedent. Intestate means the decedent died without a valid will. LTRO means the Land Titles and Records Office within BIA. Minor means an individual who has not reached the age of majority as defined by the applicable tribal or state law. OHA means the Office of Hearings and Appeals, Department of the Interior. OST means the Office of the Special Trustee for American Indians, Department of the Interior. Probate means the legal process by which applicable tribal law, State law, or Federal law that affects the distribution of a decedent's estate is applied to: (1) Determine the heirs; (2) Determine the validity of wills and determine beneficiaries; (3) Determine whether claims against the estate will be paid from trust funds; and (4) Transfer any funds or property held in trust by the Secretary for a decedent, or any restricted property of the decedent, to the heirs, beneficiaries, or other persons or entities entitled by law to receive it. Probate specialist means a BIA or tribal employee who is trained in Indian probate matters. Restricted property means real or personal property held by an Indian that he or she cannot alienate or encumber without the consent of the Secretary. In this subpart, restricted property is treated as if it were trust property. Except with respect to Sec. 4.200(b)(1), the term ``restricted property'' as used in this subpart does not include the restricted lands of the Five Civilized Tribes or Osage Tribe of Indians. Secretary means the Secretary of the Interior or an authorized representative. Solicitor means the Solicitor of the Department of the Interior or an authorized representative. Superintendent means a BIA Superintendent or other BIA official having jurisdiction over an estate, including an area field representative or one holding equivalent authority. Testate means the decedent executed a valid will before his or her death. Trust cash assets means the funds held in an IIM account that had accumulated or were due and owing to the decedent as of the date of death. Trust property means real or personal property, or an interest therein, which the United States holds in trust for the benefit of an individual Indian. Will or last will and testament means a written testamentary document that was signed by the decedent and attested to by two disinterested adult witnesses, and that states who will receive the decedent's trust or restricted property. [70 FR 11812, Mar. 9, 2005] Determination of Heirs; Approval of Wills; Settlement of Indian Trust Estates Source: 70 FR 11812, Mar. 9, 2005, unless otherwise noted.